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GAER v. AMERICAN PUBLIC EDUC., INC.

Civil Action No. 3:10-CV-81.

895 F.Supp.2d 763 (2011)

Douglas N. GAER, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. AMERICAN PUBLIC EDUCATION, INC., et al., Defendants.

United States District Court, N.D. West Virginia, Martinsburg.

December 8, 2011.

Attorney(s) appearing for the Case

Carl N. Frankovitch , Frankovitch, Anetakis, Colantonio & Simon, Weirton, WV, Kim Miller , Kahn Swick & Foti, LLC, New York, NY, Lewis Kahn , Kahn Swick & Foti, LLC, Madisonville, LA, for Plaintiffs.

Eric J. Hulett , Steptoe & Johnson, PLLC, Martinsburg, WV, Mark D. Gately , Scott R. Haiber , Steven F. Barley , Hogan Lovells U.S. L.L.P., Baltimore, MD, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

JOHN PRESTON BAILEY, District Judge.

I. Introduction

Pending before this Court is the Motion to Dismiss by Defendants American Public Education, Inc., Wallace E. Boston, Jr., and Harry T. Wilkins [Doc. 59], which was filed on March 10, 2011. Following an extended briefing period, the plaintiffs filed their response in opposition [Doc. 61] on April 25, 2011, and defendants filed their reply [Doc...

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